Q: Marijuana legalization is becoming ever more prevalent and with it, tax policy is coming into focus. Is potency really a consideration for taxes on marijuana?

-M.G., Los Feliz

Ron Sokol

A: Recently, New York passed a law that will tax recreational marijuana based on the amount of THC (the primary component of marijuana that is intoxicating). Research shows that Illinois last year instituted a potency-related tax. Vermont is reported to be limiting THC content when its legal market opens there, and THC limits and/or taxes based upon it are being discussed elsewhere (including in the U.S. Senate’s drug-control caucus). The rationale is to protect public health by discouraging dangerously concentrated cannabis. Note that various states have regulated the number of milligrams of THC that can be in a single serving,…



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